PEOPLE v. MARTINEZ


254 A.D.2d 99 (1998)

679 N.Y.S.2d 283

The People of the State of New York, Respondent, v. Rachel Martinez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 13, 1998


The court properly admitted evidence of a telephone call from defendant to the complainant in which defendant stated that she was "sorry", and that "it was all about drugs". The reference to drugs was inextricably interwoven with, and explanatory of, the remainder of defendant's statement because it was necessary for a complete understanding of the apology, and because defendant had made motive an issue.

Defendant's remaining claims are unpreserved and we decline...

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